concealed-carry
Illinois Concealed-Carry Latest: Attorney General Lisa Madigan Asks For Second Extension Of Deadline
Last Tuesday, I blogged about the status of concealed-carry in the state of Illinois. I wrote:
Last December, the U.S. 7th Circuit Court of Appeals struck down Illinois’ total ban on concealed-carry- the only state in the Union that has one- and required Illinois to put a concealed-carry law in place by June 9. Here’s the latest on the right to carry in Illinois:
• On Tuesday, June 4, the federal appeals court granted Illinois Attorney General Lisa Madigan’s request for a 30-day extension with the understanding that Governor Pat Quinn would have more time to review CCW legislation (Illinois House Bill 183) passed by the Illinois General Assembly the prior week. According to an Associated Press-authored piece in The State Journal-Register (Springfield) that same day, the court said it wouldn’t allow another extension past the new July 9 deadline…
“The court said it wouldn’t allow another extension past the new July 9 deadline.”
That hasn’t deterred Attorney General Madigan from asking for another one. From the AP’s John O’Connor on The State Journal-Register (Springfield) website earlier Monday:
Illinois Attorney General Lisa Madigan has asked the U.S. Supreme Court for a second monthlong extension of time to decide whether to appeal a lower court order allowing citizens to carry concealed guns.
Madigan requested a delay until July 24 to take action on a 7th U.S. Circuit Court of Appeals ruling that sent lawmakers scrambling this spring to adopt legislation allowing the public possession of concealed firearms, according to a petition filed late Friday but made public Monday.
One reason for the requested extensions could be to give Illinois municipalities the chance to pass so-called “assault weapon” bans before the CCW legislation awaiting Governor Quinn’s signature prohibits it. Sara Burnett of the Associated Press wrote on the Peoria Journal Star’s website back on June 9:
Lt. Gov. Sheila Simon is urging Illinois communities to consider banning assault-style weapons before new legislation is signed that could prohibit local governments from doing so in the future.
The General Assembly approved a measure last month that would end Illinois’ last-in-the-nation prohibition on the concealed carry of firearms. The legislation, prompted by a federal court ruling that found Illinois’ law unconstitutional, also prohibits future assault-weapons bans. It allows existing bans, such as one in Chicago, to remain in place…
Simon said if the bill is signed into law as written, cities with so-called “home rule” decision-making authority would have just 10 days to prohibit assault-style weapons.
(Editor’s note: Italics added for emphasis)
As I type this, a number of Illinois communities are now considering “assault weapon” bans.
By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)
Sources:
O’Connor, John. “Lisa Madigan seeks 2nd delay on Illinois concealed carry.” Associated Press. 17 June 2013. (http://www.sj-r.com/breaking/x871006613/Lisa-Madigan-seeks-2nd-delay-on-Illinois-concealed-carry#axzz2WXQSnvdB). 17 June 2013.
Burnett, Sara. “Simon: Cities should consider assault-weapons bans.” Associated Press. 9 June 2013. (http://www.pjstar.com/free/x985027351/Simon-Cities-should-consider-assault-weapons-bans#axzz2WXWg3tDu). 17 June 2013.
Illinois State Rifle Association’s Synopsis Of Illinois Concealed-Carry Bill
Interested in finding out what’s in the Illinois concealed-carry bill that was recently passed in the Illinois General Assembly (now awaiting Governor Pat Quinn’s signature) without having to pour over all the legalese?
Well, this morning I came across a synopsis of Illinois House Bill 183 (as amended) from the Illinois State Rifle Association on the shooting sports news website AmmoLand.com. ISRA Executive Director Richard Pearson wrote Wednesday:
Many of you have been asking what the bill contains – below is a brief outline. This synopsis of HB1083 is not legal advice.
Regulations:
• One statewide shall-issue licensing standard.
• With regard to concealed carry licenses, preempts local authority of governments to regulate handguns and ammunition for handguns, including licensing, registration, and transportation.
• With regard to FOID card holders, preempts local governments from regulating the transportation of all firearms and ammunition.
• Not preempted are AWB enacted prior to or within 10 days of the enactment of this legislation – after that date, new AWBs would be preempted. Local governments could still regulate rifles and shotguns, but not handguns.
• Grants “safe haven” protection for people carrying concealed while in their vehicle even in prohibited areas.
• Upon exit from their vehicle, the firearm must be locked in their vehicle. If they wish to lock their firearm in their trunk, it must be unloaded before exiting the vehicle.
• License to be issued by the Illinois State Police.
• $150.00 fee for 5 years.
• Requires 16 hours of training, including range time. Up to 8 hours of credit will be recognized for those who had hunter safety, was honorably discharged from the military, or had other CCW training. At this time, states with shorter training time, such as Utah, may only be credited 4 hours. The administrative rules of what the allowances will be, have not yet been determined.
• Private property owners can post their property prohibiting concealed carry. “Safe haven” still applies to their parking lots.
• Restaurants with 50% or more of their receipts from food, but still serving alcohol, are legal to carry in, but are still subject to private property posting by the owners or operators.
• Law enforcement may object to a person they believe to be a “clear and present danger” to themselves or others. Applicants can appeal that decision to the Concealed Carry Licensing Board.
• The State Police have 180 days from the effective date of this bill to be set up to begin processing applications.
• Within 60 days of the effective date of this bill, the Illinois State Police shall begin approval of firearm training courses and instructors.
•There is no reciprocity, but “safe haven” applies to out of state concealed carry permit holders.
Pearson went on to discuss the CCW legislation in more detail, including prohibited places. You can read the ISRA’s entire synopsis of Illinois HB183 on AmmoLand.com here.
By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)
Illinois Concealed-Carry Latest
Last December, the U.S. 7th Circuit Court of Appeals struck down Illinois’ total ban on concealed-carry- the only state in the Union that has one- and required Illinois to put a concealed-carry law in place by June 9. Here’s the latest on the right to carry in Illinois:
• On Tuesday, June 4, the federal appeals court granted Illinois Attorney General Lisa Madigan’s request for a 30-day extension with the understanding that Governor Pat Quinn would have more time to review CCW legislation (Illinois House Bill 183) passed by the Illinois General Assembly the prior week. According to an Associated Press-authored piece in The State Journal-Register (Springfield) that same day, the court said it wouldn’t allow another extension past the new July 9 deadline.
• As a result of concealed-carry negotiations, Chicago’s gun registration program may be scrapped. John Byrne reported on the Chicago Tribune website Sunday:
Now the gun registry is on the verge of going away. During negotiations in Springfield to set up rules to allow people to carry concealed weapons, gun rights advocates won a concession to scrap the Chicago registry. The bill is now awaiting action by Gov. Pat Quinn, who could veto it, sign it or write changes into the legislation.
Richard Pearson, executive director of the Illinois State Rifle Association, singled out the elimination of the Chicago registry and permit process as one of the big improvements for gun owners in the state under the bill. “That goes bye-bye, and it’s a good thing because that was a terrible law,” Pearson said. “It didn’t serve any purpose except to harass law-abiding gun owners in Chicago.”
(Editor’s note: Italics added fro emphasis)
Back in July 2010, the latest incarnation of Chicago’s gun registry emerged, where eligible Chicago residents wanting to keep a firearm within the city limits were required to apply and get approved for a Chicago Firearms Permit (CFP) before they could legally register a gun. The CFP is valid for only 3 years, which means a number of these permits will begin expiring soon.
By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)
Sources:
“Appeals court gives Quinn extra time to review gun law.” Associated Press. 4 June 2013. (http://www.sj-r.com/thedome/x863241590/Appeals-court-gives-Quinn-time-to-review-gun-law#axzz2VK6ne3z2). 11 June 2013.
Byrne, John. “Chicago’s gun registry on the ropes.” Chicago Tribune. 9 June 2013. (http://articles.chicagotribune.com/2013-06-09/news/ct-met-chicago-gun-registry-0608-20130609_1_gun-registry-gun-rights-advocates-gun-control). 11 June 2013.
Illinois House Panel Approves Concealed-Carry Bill
Illinois state legislators are still scrambling to enact a concealed-carry law after a federal appeals court required one to be in place by June 9- only 17 days from now.
And earlier today, right to carry legislation moved out of an Illinois House panel, with a vote by the full chamber expected as early as tomorrow.
Rafael Guerrero and Ray Long reported on the Chicago Tribune website today:
An Illinois House panel today approved a concealed weapons bill that supporters say attempts to walk the fine line between gun rights advocates and gun control supporters, but some Chicago-area lawmakers want a more restrictive bill.
The measure, supported by Democratic Speaker Michael Madigan of Chicago and Rep. Brandon Phelps, a Downstater who is the leading pro-gun voice in the Capitol, won approval in the Judiciary Committee 13-3. The bill now goes to the House for an expected vote as early as Friday.
The Associated Press is reporting that the legislation in question is Illinois Senate Bill 2193, particularly House Committee Amendment No. 1. The AP also noted this morning:
The legislation would require the Illinois State Police to issue concealed carry permits to qualified gun owners. It’s patterned on a bill introduced by gun-rights advocate Rep. Brandon Phelps, a southern Illinois Democrat.
But Madigan’s version significantly adds places that would be off limits to guns. Those include mass transit – a must for violence-weary Chicago Democrats.
If legal concealed-carry legislation isn’t enacted by that June deadline, Illinois could become a “Constitutional carry” state. I blogged back on April 19:
Enter Constitutional carry, also known as “permitless carry” and “Vermont carry.” By definition, it means carrying a concealed handgun without a concealed-carry permit.
And it’s something that could happen by default in the “Land of Lincoln” on June 10 if state legislators don’t enact a concealed-carry law after a federal appeals court required Illinois to put one in place by June 9.
You can find out more about Illinois Senate Bill 2193 on the Illinois General Assembly website here.
By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)
Sources:
Guerrero, Rafael and Long, Ray. “Illinois concealed carry bill heads to House floor.” Chicago Tribune. 23 May 2013. (http://www.chicagotribune.com/news/politics/clout/chi-illinois-concealed-carry-bill-heads-to-house-floor-20130523,0,39264.story). 23 May 2013.
“House concealed carry bill passes committee.” Associated Press. 23 May 2013. (http://www.sj-r.com/breaking/x1039446774/House-concealed-carry-bill-would-overrule-local-gun-laws). 23 May 2013.
Chicago Democrat Denounces ‘Extremists’ As Restrictive Concealed-Carry Legislation Stalls In Illinois Senate
Remember that restrictive right to carry legislation that passed out of committee and was supposed to be voted on by the Illinois Senate yesterday? Well, House Bill 183, which would permit may-issue right to carry, giving local law enforcement veto power for permits and home-rule municipalities additional say over where people can carry a firearm in public, never came up for a vote Friday.
Opposition to the Chicago Democrat-sponsored concealed-carry legislation turned out to be significant.
Rafael Guerrero reported on the Chicago Tribune website this morning:
The push to pass a more restrictive concealed carry measure stalled late last week as support began to drop off before a key vote in the Illinois Senate…
“For a day at least, the extremists have prevailed,” said Sen. Kwame Raoul, the South Side Democrat who sponsored the proposal and hoped to call it for a vote in the full Senate on Friday.
For some reason, this Chicago Democrat- like many gun “control” supporters- seems to think the National Rifle Association is synonymous with all Americans who support gun “rights.” There are untold numbers who are pro-2nd Amendment but who don’t belong to the NRA- yet are just as loud as their NRA counterparts in voicing their objections to more restrictions being placed on a Constitutional right.
The state senator continued to rant about “extremists.” Zach Buchheit wrote on the Sun-Times Politics blog yesteday:
“One of the realities that I was keenly aware of when I entered this effort was that there are some extremists,” said Sen. Kwame Raoul (D-Chicago), sponsor of the gun-control measure. “There are some extremists with some very loyal followings, and they use intimidation as part of their advocacy efforts. And sometimes that intimidation is quite effective.”
Or enough Illinoisans simply made it known to their elected state senators that they don’t like his may-issue right to carry legislation. Now there’s a reasonable explanation as to why House Bill 183 has stalled, rather than the big, bad NRA getting its way.
Stay tuned…
By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)
Sources:
Guerrero, Rafael. “Illinois concealed carry bill stalls.” Chicago Tribune. 18 May 2013. (http://www.chicagotribune.com/news/local/ct-met-illinois-legislature-0519-20130518,0,2454696.story) 18 May 2013.
Buchheit, Zach. “Senate concealed-carry push never sees the floor, NRA resistance leaves it short of votes.” Sun-Times Politics. 17 May 2013. (http://blogs.suntimes.com/politics/2013/05/senate_concealed-carry_push_never_sees_the_floor_nra_resistance_leaves_it_short_of_votes.html). 18 May 2013.
Illinois Senate Could Vote On Right To Carry Legislation Friday
In Illinois, right to carry legislation emerged today from the state’s Senate Executive Committee, and could be voted on by the entire chamber as early as tomorrow. Lauren Leone-Cross reported on The State Journal-Register (Springfield) website this afternoon:
A Chicago Democrat’s restrictive concealed-carry legislation made it through a Senate committee Thursday, with opponents vowing again to fight its passage.
The measure, which gives local law enforcement veto power for permits and home-rule municipalities additional say over where people can carry a weapon in public, passed the Senate Executive Committee by a party-line 10-4 vote.
Dave McKinney blogged about Illinois House Bill 183 this afternoon on the Chicago Sun-Times website. On the Sun-Times Politics blog, McKinney wrote:
Within Chicago, [State Senator (D-Chicago) Kwame] Raoul’s legislation would require police Supt. Garry McCarthy to sign off on all concealed-carry applicants before they could get permits from the Illinois State Police, setting up what gun-rights advocates fear would be a choke-point that could keep city gun owners from getting licenses…
Raoul’s bill, which could be voted on by the Senate Friday, also would permit Cook County Sheriff Tom Dart and other sheriffs to lodge objections to any concealed-carry applicants that the State Police would have to consider along with 17 other qualifying hurdles.
Among those requirements are the broad standards of whether an applicant demonstrates “good moral character” and whether the issuance of a concealed-carry license to that person is “consistent with public safety.”
Rather than “shall-issue” right to carry, Illinois residents as a whole would be left with “may-issue” right to carry, which some say will result in only a small number of permits being issued- outside of those for family, friends, and campaign donors, according to scuttlebutt. A prominent pro-2nd Amendment group is going so far as to declare the new legislation not even a right to carry bill. Monique Garcia, Rafael Guerrero, and Ray Long reported on the Chicago Tribune website tonight:
Leading the opposition was the National Rifle Association, whose lobbyist delivered a clear message that the bill was so restrictive it could not be properly called a “carry bill.”
“This is a bill to discourage people and prevent people from carrying firearms and exercising their constitutional, fundamental right to keep and bear arms for self-defense in public,” [National Rifle Association's Illinois lobbyist Todd] Vandermyde testified.
Sounds like if this legislation is passed in the Illinois General Assembly and signed by Governor Pat Quinn, it will probably be heading back to the courts. A federal appeals court required Illinois to put a concealed-carry law in place by June 9.
House Bill 183 could come up for a vote in the full Senate tomorrow, Friday, May 17.
By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)
Sources:
Leone-Cross, Lauren. “Senate panel OKs restrictive gun bill; full chamber could vote Friday.” The State Journal-Register. 16 May 2013. (http://www.sj-r.com/carousel/x1039442731/Illinois-Senate-committee-to-consider-gun-bill). 16 May 2013.
McKinney, Dave. “Senate panel OKs concealed-carry bill over NRA opposition.” Sun-Times Politics. 16 May 2013. (http://blogs.suntimes.com/politics/2013/05/senate_panel_advances_concealed-carry_bill_over_nra_objections.html). 16 May 2013.
Long, Ray, Guerrero, Rafael, and Garcia, Monique. “Concealed carry rules for Illinois emerge but face uncertain fate.” Chicago Tribune. 16 May. 2013. (http://www.chicagotribune.com/news/local/ct-met-illinois-concealed-carry-0517-20130517,0,1062260,full.story). 16 May 2013.
Anti-Gun Illinois State Senators Could Force Votes This Week On Flawed Right To Carry, Magazine Ban Legislation
In “Madiganistan,” the push for more gun ‘control’ has become a part of everyday life. These days, anti-gun legislators are looking to severely restrict legal concealed-carry that’s coming to Illinois in less than a month, as well as to impose a 10-round limit on CCW firearm ammunition magazines. From the National Rifle Association’s Institute for Legislative Action website yesterday:
Illinois: Senate Skirts Right to Carry Mandate by Contemplating Vote on Severely Flawed Bills This Week
This week in Springfield, anti-gun state Senators will attempt to derail Right to Carry by forcing votes on severely flawed Right to Carry legislation and a bill to ban magazines commonly used in carry firearms. This faulty concealed carry legislation attempts to exempt Chicago and Cook County from any “shall-issue” mandate and allow individual towns to expand the list of places statewide that are off-limits to anyone concealed carrying. If such exemptions are adopted, 40% of Illinois’ population could be denied the ability to carry a concealed firearm for self-defense based on their residency and the confusing patchwork of laws will put ALL gun owners statewide at risk of felony prosecution. Call your state Senator TODAY: Tell him or her that any compromise and vote in favor of this type of legislation to abandon 40% of the Illinois population is a vote against Right to Carry.
Also imminent is a vote on banning magazines commonly used in concealed carry firearms. The bill number is not yet available, but the legislation seeks to impose an arbitrary ten-round limit. Restrictions on magazine capacity only limit the ability of law-abiding gun owners to defend themselves effectively and would ban numerous commonly used standard capacity magazines.
It is imperative that you contact your state Senator NOW and respectfully tell him or her to support “Shall-Issue” Right to Carry without carve-outs and exceptions for municipalities, and to oppose any magazine bans. With Right to Carry in jeopardy, state legislators need to be reminded that “Shall-Issue” carry is the best move for Illinois. In a state with an excessive crime problem, Illinois citizens need to be able to defend themselves against the criminals and gang members who will not obey ANY laws. Our constitutional right to keep and bear arms and inherent right to self-defense protect all Americans, not just some in a particular state, city or county. State legislators have a responsibility to their constituents to NOT choose politics over a perfect chance to make Illinois a safer place for ALL residents.
Contact information for your state Senator can be found here.
By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)
Illinois State Rifle Association Call For Action
Speaking of heat, from the Illinois State Rifle Association (ISRA) the other day:
ACTION ALERT – THE HEAT WILL BE ON THIS WEEK
YOUR ACTION NEEDED – YOU MUST MAKE CALLS TO SENATORS AND REPRESENTATIVES
As June 9th grows nearer, a lot of attention will be focused on the General Assembly’s efforts to comply with the court order to enact concealed carry. As important as passing shall-issue concealed carry is, gun owners should not let the carry issue distract them from other efforts already underway to diminish their constitutional right to keep and bear arms.
Those of you who have been following the topic of gun control this year know that there are some key items on the gun-grabbers’ legislative wish list. Among the crown jewels are the ban and confiscation of semiautomatic rifles, pistols and shotguns; the ban and confiscation of standard capacity magazines; the registration of lawful gun owners; and the mandatory reporting of lost and stolen firearms. The gun controllers claim that these measures are necessary to protect public safety. Of course, firearm owners know that these measures are designed strictly for the purpose of punishing people who dare to own a gun.
A glimpse of what we may soon be facing was provided by a front-page feature in the latest Sunday edition of the “Chicago Tribune.” In that story, we learned of a single mom so desperate for cash that she volunteered to become a straw purchaser for hardened criminals who were prohibited from purchasing firearms. She was eventually caught and is now serving a multi-year prison term for her misdeeds.
As far as gun owners are concerned, the hapless straw purchaser is right where she belongs – jail. Interestingly, the author of the piece spins the story to suggest that the woman is in jail not because of her decision to commit crimes, but because the “gun lobby” has fought against legislation supposedly designed to combat straw-purchasing. Once again, the notion is put forth that muggers, mass murderers, and straw purchasers only commit crimes because the “gun lobby” lets them. In this case, it’s gun owners’ fault that this mom is in jail rather at than home with her kids.
In short, it seems that the purpose of the straw purchase story is to promote legislation requiring gun owners to report “lost or stolen” firearms to the police within a short time of them being lost or stolen. As is often the case, such legislation may sound good on the surface. But, the devil is in the details, and those details place an undue burden on firearm owners. Such proposals may be fine in theory, but problematic in practice.
So, here is what you need to do to help ensure passage of shall-issue concealed carry and prevent passage of extremist gun control proposals:
1. Call your State Representative and your State Senator. Politely tell the person who answers the phone that you are a law-abiding Illinois firearm owner and that you would like the senator or representative to vote for “shall-issue” concealed carry and vote against “may-issue” concealed carry. Likewise, advise the person that you oppose any proposal that would diminish your right to keep and bear arms and expect the legislator to oppose such measures as well. If you do not know who your representative or senator is, the Illinois State Board of Elections has an interactive search page here:
www.elections.state.il.us/DistrictLocator/DistrictOfficialSearchByAddress.aspxIf you already know who your legislators are and just need the contact info, you can find that here: www.ilga.gov/house/. and here: www.ilga.gov/senate/.
2. Pass this alert on to your friends and family and ask them to make calls as well.
3. Post this alert to any and all Internet blogs or bulletin boards to which you belong.
FURTHER ACTION
The Will County Board will vote on a resolution in favor of Concealed Carry this coming Thursday at 9:30 in the Will County Office Building, 2nd Floor, 302 N. Chicago Avenue, Joliet. It’s important that firearm owners show up for the vote to show their support for the measure. Plan on being there at 9:00 AM so that you can get a seat.
By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)
Cook County Sheriff Proposing $300 ‘May Issue’ Concealed-Carry Permits If State Misses Deadline
As Illinois state legislators scramble to enact a concealed-carry law after a federal appeals court required one to be in place by June 9, the top law enforcement officer in Cook County is proposing his own CCW legislation. Frank Main reported on the Chicago Sun-Times website last night:
Sheriff Tom Dart said Sunday that he is proposing a concealed-carry gun ordinance to keep Cook County from becoming the “Wild West.”
Dart said he’s worried about a stalemate in the General Assembly on a law to license people to carry concealed guns. If legislators don’t meet a June 9 court deadline to pass such a law, anyone with a state firearm owner’s identification card could legally walk anywhere in public with a concealed weapon, Dart said…
Dart’s ordinance would give him the power to approve and reject licenses to carry concealed guns in Cook County. Applicants would have to pay a $300 fee for a license.
As I mentioned in an April 19 post on lawful concealed-carry in Illinois:
However, I predict there’s a good chance concealed-carry legislation will be enacted in the state by that June deadline.
If not, something will be patched together quick… after perceived political opportunities are exploited and exhausted, of course.
Stay tuned…
By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)
Source:
Main, Frank. “Sheriff Tom Dart proposes Cook County concealed-carry ordinance.” Chicago Sun-Times. 5 May. 2013. (http://www.suntimes.com/news/19919549-418/sheriff-tom-dart-proposes-cook-county-concealed-carry-ordinance.html). 6 May. 2013.
NRA News Examines Chicago’s Gun Violence
“It’s disgusting. I was proud to be a Chicagoan. And now, it’s like, you see it crumbling. It’s terrible. And I see no hope for it. I don’t see anything getting better. It’s just dying.”
-Jim Arceo, retired Chicago Police officer
Now featuring on the NRA News website (hat tip Chicago police blog Second City Cop):
Special Report: America’s Deadliest City
From Investigative Journalist Ginny Simone
While politicians continue to push for tougher gun laws, more innocent lives are lost on the streets of Chicago. In this exclusive from investigative reporter Ginny Simone, she speaks with gang members and retired Chicago police officers who reveal that enforcing current laws, pushing tougher sentencing for crimes and enacting concealed carry legislation would help reduce gun violence.
“Special Report: America’s Deadliest City”
NRA News Video
By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)
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